HomeMy WebLinkAboutReso 2010-1507
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RESOLUTION NO. 2010 - I Sb '7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT
WITH OFFSHORE EVENTS, LLC, FOR OFF-SHORE POWERBOAT
RACES IN SUNNY ISLES BEACH SCHEDULED JUNE 10-13,2010,
IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS
($40,000.00), IN SUBST ANTIALL Y THE SAME FORM AS EXHIBIT
"A", ATTACHED HERETO; AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY
ATTORNEY AND CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THE TERMS OF THE
AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach desires to present off-shore powerboat races from
Thursday, June 10,2010 through Sunday, June 13,2010 to coincide with the City's 13th Anniversary
Celebration; and
WHEREAS, Offshore Events, LLC produces and promotes the sport of Offshore Powerboat
Racing and the individuals, firms corporations and other business entities who participate therein and
is an organization formed for the purposes of the promotion, development, organization and
operation of powerboat racing events under the name of Offshore Events, LLC; and
WHEREAS, Offshore Events, LLC and the City are desirous of entering into a mutually
beneficial agreement whereby Offshore Events shall produce an offshore race event of no less than 4
days of activities including one day of sanctioned offshore powerboat races; and
WHEREAS, the City wishes to enter into an agreement with Offshore Events LLC for off-
shore powerboat races in the City from Thursday, June 10,2010 through Sunday, June 13,2010, in
an amount not to exceed Forty Thousand Dollars ($40,000.00), in substantially the same form as
Exhibit "A", attached hereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The agreement with Offshore Events LLC for Off-Shore
powerboat races in the City from Thursday, June 10,2010 through Sunday, June 13,2010, in an
amount not to exceed Forty Thousand Dollars ($40,000.00), attached hereto as Exhibit "A", be, and
the same, is hereby approved.
Section 2.
Authorization ofMavor. The Mayor is hereby authorized to execute said Agreement.
Section 3. Authorization of City Attorney and City Manager. The City Attorney and City
Manager are hereby authorized to do all things necessary to effectuate the terms of this Agreement.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
R20 I 0- Offshore Events LLC Agmt
Page 1 of2
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PASSED AND ADOPTED this 21st day of January 2010.
ATTEST:
~~~
Jane A. Hines, CMC, City Clerk
APPROVED AS TO FORM
AND G FFICIENCY:
Moved by:
Ct>~~~-Z'IIJ
'-11(11 ~~'nJ-e.v
Seconded by:
Vote: 5-b
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
-1L(Yes)
~(Yes)
~(Yes)
V (Yes)
~(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R20IO- Offshore Events LLC Aglllt
Page 2 01'2
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Offshore Events to Bring OPA racing and the Bimini Ocean Race back to the City Of
Sunny Isles Beach
Offshore Events, LLC. Will promote and oversee the entire race event. OPA Racing, LLC.
is the sanctioning body and will provide the racers, event staff and referee.
Location: Wet and dry pits located in Miami Dade Haul Over park. Race will take place
beyond the base line in the Atlantic Ocean offshore of The City of Sunny Isles Beach
Duration of (4) four days. Thursday, Friday, Saturday and Sunday.
June 10 - 13,2010.
$275,000 Functional budget. This amount provides the basic organization requirements for
the event.
The event will attract participants, fans and media from around the world. The race will be
one of approximately eight races sanctioned by OPA around the country. The long term
goals and accomplishments of this event are to establish a long term reoccurring annual
event.
Marketing: social media marketing began September 2009. roffshoreevents.netl, OE
(offshore events) online magazine, Big Brothers, Big Sisters of Greater Miami, facebook,
twitter, offshoreonly.com, seriousoffshore.com, youtube.com, racer's program, radio
broadcast, internet broadcast, local TV media and an after event survey evaluation.
Solicitation of sponsorship shall provide additional in-kind and funding support.
This shall be our 3rd Annual Offshore Events Race in the City of Sunny Isles Beach. The
event organizers are: Brad Schoenwald, Larry Goldman and Alon Steiger. The sanctioning
body for 2010 shall be OPA Racing, LLC. They shall work with Offshore Events, LLC. and
provide their own staff and referee for the weekend events. An estimated number of (40)
teams shall participate Sunday, June 13, 2010. Significant changes in the world of offshore
racing place the Sunny Isles beach event in perfect position to capture significant gains in
becoming a premier event for years to come.
. We have proven from year one and two we possess the knowledge skills and abilities to
bring a functional race event to the city and receive significant national and international
exposure and recognition.
Overview
Thursday, June 10 - Racer Village Opens (Haulover Park). Set-up of Tents, Port-a-potties,
Registration area, Trash receptacles, Arrival of Cranes, Racers begin to arrive.
Friday, June 11 - Racers continue to arrive, Registration, Welcome BBa for Racers in
Race Village, Boat Parade down A1A and Racers Autograph Signing.
Saturday, June 12 - Bimini & Back Race (open to public - morning), Professional Offshore
Race Testing (will immediately follow the Bimini and Back race), Big Brothers, Big Sisters
Offshore Gala (Dinner along with a Live & Silent Auction -location TBD). All proceeds from
the Gala event shall benefit "Big Brothers, Big Sisters of Greater Miami".
Sunday, June 13 - 3rd Annual City of Sunny Isles Beach Offshore Challenge - Final Race,
Awards Ceremony, End of event. Breakdown of Race Village.
..'
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Summary:
Our third year will bring a stronger base and more unified organization structure. We have
solicited and employed the services of volunteers who are qualified and skilled in event
organization, grant wiring, and promotion. The degree to which we are now involved with
AMF Racing better known as the "Miss Geico Race Team" will bring a world of exposure not
previously felt at our events.
In order to remove some of our previous difficulties we have already signed a contract with
OPA and have direct support from AMF Racing
The Sunny Isles Beach Offshore Challenge Is now recognized and referred to as a premier
if not the premier Boat Racing Event in the country. We have every reason to believe the
2011 race will bring a full contingent of racers from P1 in Europe and possibly the first true
world championship race in 2011. This 2010 race will prove to be the game changer event
for powerboat racing and reestablish the greater Miami area as the king of offshore with the
City of Sunny Isle Beach being the focal point.
The City of Sunny Isles Beach is expected to provide a minimum of $40,000.00 cash
sponsorship and In Kind support, collaboration with Offshore Events, LLC, Miami-Dade
County, other municipalities.
Offshore Events would expect the city to provide as much marketing, media coverage as
possible as well as support Offshore Events in enthusiastic "esprit de corps" to accomplish
our common goals.
Attachment number 2
Page 1 of 13
CITY OF SUNNY ISLES BEACH
AND OFFSHORE EVENTS POWERBOAT RACING
AGREEMENT CONTRACT NO: C0910-024
THIS AGREEMENT (Agreement) IS entered into this day of
, 2010, by and between the City of Sunny Isles Beach, a municipal
corporation of the state of Florida ("the City") and Offshore Events, LLC, ("Offshore Events") a
corporation operating and existing under the laws of the State of Florida.
RECITALS
WHEREAS, Offshore Events has as its purpose servicing and promoting the sport of
Offshore Powerboat Racing and the individuals, firms, corporations and other business entities
who participate therein and is an organization formed for the purposes of the promotion,
development, organization and operation of powerboat racing events under the name of Offshore
Events; and
WHEREAS, Offshore Events and the City are desirous of entering into a mutually
beneficial agreement whereby Offshore Events shall produce an offshore powerboat race event.
(
,
NOW THEREFORE, in consideration of the mutual covenants contained herein the
parties agree as follows:
1. Pavment: The City agrees to pay to Offshore Events an amount not to exceed
$40,000.00 (Forty Thousand Dollars) for the powerboat race scheduled for Thursday, June 10,
2010, through Sunday, June 13,2010 (hereinafter referred to as "Race" or "Event").
(a) City's Responsibilities: The City's responsibilities for this Agreement shall be
limited to an amount not to exceed $40,000 (Forty Thousand Dollars).
All City costs associated with police, safety, rescue and all other City services, including
regular pay, overtime pay, etc. shall be provided in kind by the City. The City's Public Works
Department will provide assistance for areas within the City of Sunny Isles Beach and minimal
assistance in setting up the Racer's Village.
In addition to the $40,000 costs referenced above, the City shall provide the following
fees and/or costs: (1) Non-paid advertising for press releases and local advertising; (2) space at
event sites by the City, provided said areas may be located in the City as approved at the
discretion of the City; and (3) Facilities, Race Areas, Registration and Meeting Rooms (if the
space is available in City owned and operated facilities and upon request from Offshore Events
and approved by the City, which approval will not be unreasonably denied).
The City will provide in-kind advertising through the City's website, newspaper, and its
local cable access channel, as well as through press releases to other news media outlets.
OFFSHORE EVENTS Powerboat Racing Agreement 2010
1
Agenda Item No.lOC
Date(j1i21120 10
Page
64
...
Attachment number 2
Page 2 of 13
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
The City will also provide advertising through the City's e-mail "eSIBI" program and the
City's official website, http://www.sibfl.net and the City's tourism web site,
http://www.sunnyislesbeachmiami.com
The City will make a good faith effort to obtain additional sponsor recruitment for the
Race. However, under no circumstances will the City be financially responsible for any inability
to secure such additional sponsor recruitment.
The City will assist Offshore Events, if necessary, to obtain permits from Miami-Dade
County or other governmental agencies.
The City will provide Offshore Events with the use of meetings rooms for the
driver's/racer's meetings on an as needed basis.
The City will provide Offshore Events with the use of the City's available generators.
However, Offshore Events will be responsible for any associated fuel costs during such use.
The City will assist Offshore Events with pre-event tickets sales through the City's
Cultural and Human Services Department.
The City will make a good faith effort to obtain additional vendor recruitment for the
Race. However, under no circumstances will the City be financially responsible for any inability
to secure such additional vendor recruitment.
(b) Offshore Event's Responsibilities:
following fees and/or costs:
Offshore Events shall be responsible for the
(1) Registration and sanction fees;
(2) Coast Guard permits and other necessary governmental permits and/or approvals;
(3) paid advertising for print media, television and radio broadcasts;
(4) obtaining any approval for on site properties located in Miami-Dade County;
(5) Security to protect the areas that includes the Racers Village or Dry Pits, Wet Pits,
Launching Area and Race Course;
(6) Insurance Requirements;
(7) Race Course set up;
(8) Medical and Safety Teams;
(9) Race Officials;
(10) Links on its website to include the City's website, and one revolving banner thirty
(30) days before the event and thirty days afterwards for promotional purposes;
(11) Offshore Event's Race Coordinator;
(12) Wrist Bands, weekend passes and/or credentials for the Race;
(13) All activities listed on the Schedule of Events, attached hereto as Exhibit "A". The
Schedule of Events shall include a nationally sanctioned offshore powerboat race off the coast of
Sunny Isles Beach on Sunday, June 13, 2010. Offshore Events shall provide, or shall make the
OFFSHORE EVENTS Powerboat Racing Agreement
2
Agenda Item No. IDe
Date6ls'21!20 J 0
Page
65
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Attachment number 2
Page 3 of 13
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
necessary arrangements, for all technical inspections, chief referee, scorers, and other personnel
deemed necessary for the operation of a nationally sanctioned powerboat race;
(14) All costs associated with the Event's sanctioning body including but not limited to
fees, prize money, travel expenses, staff, promotion, etc.
(15) All medical and safety teams, as well as all necessary medical, patrol, turn, tow, pace
and course set boats and drivers and volunteers or staff at a level deemed sufficient by the City;
(16) All equipment, supplies, and personnel to produce the race events including but not
limited to, the helicopters, cranes, transport vehicles, boats, docks, fencing, tents, coolers, signs,
banners, flags, buoys, registration computers/printers, lights, portable restrooms, security, ticket
sales, media relations, and race coordination;
(17) Advertising and promotion of race events as first approved by the City;
(18) Police and fire as deemed necessary by the City or Miami-Dade County, that is not
provided in-kind by the City (e.g. Coast Guard, Marine Patrol, Miami-Dade Fire, etc.);
(19) Prize money, trophies and all other associated fees and costs; and
(20) Prominent sponsor area in the Racer's Village for City promotional products.
2. Term. This Agreement is for the Race scheduled for Thursday, June 10, 2010,
through Sunday, June 13, 2010, and shall terminate at the end of said Race. The Race shall be
scheduled to include the following: One (1) memorial race to Bimini and back on Saturday, June
12,2010. One (1) day of scheduled testing/qualifying/racing on Saturday, June 12, 2010. One
(1) day of nationally sanctioned offshore powerboat racing along the shores of the City limits on
Sunday, June 13,2010, with a minimum of three (3) and no more than six (6) racing events. The
times for both dates shall be from 9:00 a.m. to 5:00 p.m. or as otherwise agreed to in writing by
the parties. The number of races and category composition of the races may be modified
depending on the number of boats registered to race in each category, the construction of the race
course and in the interest of the safety of the offshore racers. The Chief Referee will be
responsible for the determination of the number of races and category composition or as
otherwise required by applicable Federal, State or local laws or the laws of the State of Florida
and/or licenses, permits and approvals to conduct the Race.
3. Payment Schedule. The City shall pay the above referenced fees as follows:
(a) the City will pay Offshore Events LLC up to $20,000.00 anytime after execution
of this Agreement and before April 15, 2010, upon presentation of invoices to the City and
confirmation of commitment by national sanctioning organization.
(b) the City will pay Offshore Events LLC up to an additional $10,000.00 anytime
after April 15, 2010, and May 15, 2010, upon presentation of invoices to the City and provided
that all permits have been secured, verification of adequate safety personnel, insurance
requirements are met and confirmation of financial ability to produce the race event as described
above in Section 3.
(c) the City will pay Offshore Events LLC a final payment of $10,000.00 at the
completion of race event but not later than 5 days following the race event, upon presentation of
invoices to the City. This final payment may be reduced in the event the City finds it necessary
OFFSHORE EVENTS Powerboat Racing Agreement
3
Agenda Item NO.1 OC
Date6\)'21/20 10
Page
66
Attachment number 2
Page 4 of 13
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
to direct pay any cost to support the event to insure its success as mutually agreed to with
Offshore Events.
4. Coast Guard Permits and Other Necessary Governmental Permits and/or Approvals.
Offshore Events shall (a) make prompt application to the Coast Guard and any other necessary
governmental agencies, including but not limited to Marine Patrol, Miami-Dade County, etc. to
obtain permits and other approvals required for racing on Thursday, June 10, 2010, through
Sunday, June 13, 2009 from 9:00 a.m. to 5:00 p.m. on all dates, or as otherwise agreed to in
writing by Offshore Events, (b) furnish accurate and complete information regarding the Race,
as required, (c) pursue such app1ication( s) with diligence, (d) cooperate in good faith with the
Coast Guard and any other necessary governmental agencies to obtain such permits and
approval(s).
Offshore Events hereby agrees to cooperate with City and comply with all
requirements of the Coast Guard and any other governmental agencies for such permits and/or
approval(s) and shall furnish the City with a copy of said applications and a copy of said
permits and/or approvals promptly after receipt thereof. Offshore Events shall provide the
Coast Guard or any government agency with any documents, information and any other relevant
requirements including but not limited to its safety plan and race course information. In
addition, Offshore Events shall attend and/or conduct preliminary meetings with the Coast
Guard and/or any such government agency, if necessary.
5. Production Materials and Media Coverage. For promotions pnor to the Race,
Offshore Events shall provide the following:
(a) Offshore Events will provide national and local advertising of the race event to
adequately market the event at their sole expense including banners to advertise to Sunny Isles
Beach residents;
(b) Offshore Events will make a good faith effort to attract television and radio
coverage of the event to be aired simulcast via radio and/or post event via television;
(c) The City will provide press releases at its sole expense. However, any paid
advertising will be the responsibility of Offshore Events;
(d) Press releases, promotions and advertising are to take place at least thirty (30)
days prior to the event. Offshore Events shall concentrate on promoting the event through the
use of press releases, promotions and advertising during the final two (2) weeks before the
event; and
(e) All promotional materials must include the official Offshore Events logo, the
official race logo and the official City logo.
6. On Site Properties
Offshore Events will provide the following space at event sites:
OFFSHORE EVENTS Powerboat Racing Agreement
4
Agenda Item No.1 OC
Date&i21/201O
Page
67
Attachment number 2
Page 5 of 13
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
(a) Wet pit area;
(b) Dry pit area for racers;
(c) Promotion area within dry pit; and
(d) Two (2) City display areas at lOx 10 each.
To the extent any or all of the areas indentified in subparagraph (a) through (d) above are located
in Haulover Park, Miami Dade County, Offshore Events is responsible for securing the
respective area(s) from Haulover Park, and obtaining the requisite approval from Miami-Dade
County. In addition, Offshore Events is responsible for any associated fees.
7. Facilities, Race Areas, Registration and Meeting Rooms. The City shall provide
certain specific designated areas for the location of the racing event, facilities and meeting rooms
(assuming said areas may be located in the City) including but not limited to the following areas:
(a) Registration: The City will make a good faith effort to secure adequate space and
location in the City for the Racers' Registration area. The area must be large enough for eight
(8) 6ft tables in a "V" shape around the room with 8 chairs. A copy machine and outside
phone line must be easily accessible. Space must be secured by locked door at night, if feasible.
However if the City is unable to do so, Offshore Events shall be responsible for the associated
costs.
\
(b) Drivers' Meeting: The City will make a good faith effort to secure adequate space
and location in the City for the Drivers' Meetings Area, to be set up theatre style for 300
people with overhead projector, screen, podium, and microphone; however if the City is unable
to secure adequate space and location in the City for the Drivers' Meeting Area, and is also
unable to obtain sponsors to defray the associated costs, then Offshore Events shall be
responsible for all associated costs.
(c) Award Ceremony: The location of the award's ceremony must be approved by the
City in writing prior to the Race Event.
8. Security. Offshore Events shall provide adequate security to protect the areas that
include the Racers Village or Dry Pits, Wet Pits, Launching area and Race Course.
9. Insurance Requirements: Offshore Events shall be required to obtain, at its own
expense, insurance as specified in this section. Offshore Events will not be permitted to
commence work associated with the Event (including pre-staging of personnel and material)
until satisfactory evidence of the required insurance has been furnished to the City as specified
below. Offshore Events shall maintain the required insurance throughout the entire duration of
the Race and any extensions specified in any attached schedules. Failure to comply with this
provision shall release the City of any obligation to compensate Offshore Events. Further, any
material misstatement in the application for insurance coverage shall release the City from its
obligations to pay under this agreement. Offshore Events shall provide, to the City, as
OFFSHORE EVENTS Powerboat Racing Agreement
5
Agenda Item No.IOC
Da te&g'2l/2 010
Page
68
Attachment number 2
Page 6 of 13
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
satisfactory evidence of the required insurance, including (1) the insurance policy application
and (2) either: Original Certificate ofInsurance or Certified copy of the actual insurance policy.
An original certificate or a certified copy of any or all insurance policies required by this
contract shall be filed with the City Manager of the City of Sunny Isles Beach at least thirty
(30) days prior to the Event. The insurance policy must state that the City of Sunny Isles
Beach is the certificate holder and additional named Insured. Insurance should be mailed
to:
City of Sunny Isles Beach
c/o City Manager
4th Floor
18070 Collins Avenue
Sunny Isles Beach, FL 33160
All insurance policies must specifY that they are not subject to cancellation, non-renewal,
material change or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the City by the insurer.
(
\
Acceptance and/or approval of Offshore Events' insurance shall not be construed as
relieving Offshore Events from any liability or obligation assumed under this contract or
imposed by law.
The City of Sunny Isles Beach, Florida, its employees and officials shall be included as
"Additional Insured" on all policies.
Any deviations from these General Insurance Requirements must be requested in writing
and approved by the City Manager or his designee. Offshore Events shall furnish the City with a
certificate evidencing the minimum insurance coverage required hereunder no later than thirty
(30) days prior to the Race.
Prior to commencement of work governed by this contract, Offshore Events shall obtain
General and Excess Liability Insurance. Coverages shall be maintained throughout the life of the
contract and include, as a minimum:
· $1,000,000.00 (One Million) in general liability insurance
· $4,000,000.00 (Four Million) in excess liability insurance
· $10,000.00 (Ten Thousand) in medical expense insurance - anyone person
· $50,000.00 (Fifty Thousand) in excess medical insurance (secondary to primary
insurance carrier)
· $10,000.00 (Ten Thousand) in accidental death insurance, anyone occurrence
· $500,000.00 (Five Hundred Thousand) in fire damage insurance - anyone
occurrence
Furthermore, Offshore Events shall also require that all participants, competitors, racers and
organizations involved in the Race to execute an Indemnification and Hold Harmless Agreement
OFFSHORE EVENTS Powerboat Racing Agreement
6
Agenda Item No.1Oe
Date@.i21/20] 0
Page
69
-'
Attachment number 2
Page 7 of 13
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
for the benefit of the City and Offshore Events shall submit same to the City Manager prior to
the Race.
10. Indemnification and Hold Harmless. Offshore Events agrees to indemnify, hold
harmless and defend the City, including its officers, agents and employees, from and against any
loss, damage or expense (including all costs and reasonable attorney's fees) suffered by City
from (a) any breach from Offshore Events of this Agreement, (b) any inaccuracy in or breach of
any of the representations, warranties of covenants made by Offshore Events herein, (c) any
claims, suits, actions, damages or causes of action arising during the term of this Agreement for
any personal injury, loss of life or damage to property sustained by reason or as a result of the
use of the property by Offshore Events' agents, employees, invitees, and all other persons, and
(d) any claims, suits, actions, damages or causes of action of any kind whatsoever arising during
the term of this Agreement for any personal injury, loss of life or property damage sustained by
reason of this Agreement, its execution and/or its performance by Offshore Events or the
participants in the Race.
Such obligation to indemnify, hold harmless and defend shall continue notwithstanding
any negligence or comparative negligence on the part of the City relating to such loss or damage
and shall include all costs, expenses and liabilities incurred by the City in connection with any
such claim, suit, action or cause of action, including the investigation thereof and the defense of
any action or pn?ceeding brought thereon and any order, judgment or decree which may be
entered in any such action or proceeding or as a result thereof. Nothing in this Agreement shall
be construed to affect in any way the City's rights, privileges, and immunities under the doctrine
of sovereign immunity and as set forth in Section 768.28, Florida Statutes.
11. Medical, Patrol, Turn, Tow, Pace and Course Set Boats. Offshore Events shall
provide a minimum of four (4) medical and ten (IO) patrol boats for test only days. Offshore
Events shall provide a minimum of eight (8) medical, ten (IO) patrol, one (I) turn boat per race
course turn, and a minimum of 3 Pace Boats during race days. Offshore Events shall be in total
control of all paceboats, crews and times on the water during race days. The City may not sell the
right to be a paceboat without the express written permission of Offshore Events. All committee
boats are to have a flag at least 12 "x 18" to identify it as an official race support vessel. Other
equipment details for boats are contained in Offshore Event's Race Handbook.
12. Race Course Set Up. Offshore Events will furnish a vessel with a Captain
and 2 additional crew members along with all supplies needed to set up the race course and
spectator lines. Offshore Events will furnish at its own expense the turn buoys. Details of the
course are located in Offshore Event's Race Handbook. The Offshore Events Chief Starter will
assist with the course set up.
13. Medical and Safety Teams.
Offshore Events shall provide, at its own cost, medical and safety teams
including water rescue divers at levels acceptable and approved by the City of Sunny Isles
Beach Police Department.
OFFSHORE EVENTS Powerboat Racing Agreement
7
Agenda Item No. JOe
Date7b'2 1/20 I 0
Page
70
1
.....
Attachment number 2
Page 8 of 13
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Offshore Events shall provide two (2) helicopters to be used to transport the medical and
safety personnel including EMT's and/or certified medical divers. Helicopters must be capable
of carrying three medical and safety personnel with up to 40 Ibs. of equipment each and reaching
speeds of up to 100 knots.
14. Race Officials. Offshore Events shall provide its own race officials or provide
race officials contracted through sanctioning body including its Chief Referee, scorer(s),
technician(s) and inspector(s) and other personnel deemed necessary to the operation and
conduct of the Race. The City will make a good faith effort to secure local volunteers,
assistants and/or committees to aid in the Race.
15. Web Pages. Offshore Events shall place a link on its official website to
include the City's official website.
~ Wrist Bands. Offshore Events shall provide all wrist bands, weekend passes
and/or credentials for the Race. The wrist bands, passes and/or credentials shall be
distributed in accordance with Offshore Events's customary rules, regulations, methods,
policies and procedures adopted by Offshore Events and in compliance with insurance
requirements. The City will provide the needed passes or tickets for spectators, local sponsors,
local VIP's and/or non-participants to be supplied by Offshore Events.
l.L. Sponsorship. Offshore Events and the City may recruit sponsors for the
Race subject to the approval of the other. Approval of the parties shall not be
unreasonably withheld so long as there is not a conflict with Offshore Events or City
sponsorship already in existence or other Offshore Events or City arrangement or commitment
already in existence. All promotional materials must also be approved by Offshore Events
and the City in order to insure that there is no conflict with Offshore Events or
City's sponsors. A sponsorship package will be given to the City for its official file. All use
of the Offshore Events logo or trade name or any other Offshore Events promotional material
must also be approved by Offshore Events prior to its use. All use of the official race logo or
City logo for any promotional material must also be approved by the City prior to its use.
I8.Additional Events or Activities. The City may also arrange for other
events or activities in conjunction with the event provided written approval is given by
Offshore Events and provided that said event or activity is covered under the Offshore
Events general liability insurance policy or provided that Offshore Events obtain additional
or supplemental coverage for said event or activity and that City is provided with a copy
evidencing proof of said coverage prior to entering into any contract concerning said event or
activity.
19. Disclosure. Offshore Events shall be required to list any or all potential conflicts or
interest, as defined by Florida Statute Chapter 112, Miami-Dade County Conflict of Interest
Ordinance Section 2-11.1, as amended, and by the City of Sunny Isles Beach Ordinance No. 99-
82, which are incorporated herein by reference as if fully set forth herein. Offshore Events shall
OFFSHORE EVENTS Powerboat Racing Agreement
8
Agenda Item No.Ioe
Date71y2l120lO
Page
71
Attachment number 2
Page 9 of 13
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
disclose to the City all actual or proposed conflicts of interest, financial or otherwise, direct or
indirect, involving any client's interest which may conflict with the interest of the City.
20. Public Entity Crime. "A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime may not submit a proposal on a
contract to provide any goods or services to a public entity, may not submit a proposal on a
contract with a public entity for the construction or repair of a public building or public work,
may not submit proposals on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list". By execution of this Agreement, Offshore
Events warrants that it is in compliance with this requirement.
21. Complete Agreement. The terms and conditions of this Agreement, together with
any exhibits and schedules attached hereto or referenced herein, constitute the final, complete,
and exclusive understanding between the parties with respect to the subject matter of this
Agreement and supersede all prior and contemporaneous agreements and understandings,
inducements or conditions, expressed or implied, oral or written.
\
22. Arbitration and Mediation. The merits of any dispute arising under, out of, in
connection with, or in relation to this agreement, or the making or validity thereof, or its
interpretation, or any breach thereof, shall be determined and settled by Arbitration before an
Arbitrator in the State of Florida, pursuant to the Commercial Arbitration Rules then
obtaining of the American Arbitration Association If the parties hereto are unable to
agree upon the selection of an arbitrator, such arbitration shall be held before the American
Arbitration Association. Any award rendered shall be final and conclusive upon the parties
hereto and a judgment thereon may be entered in the highest court of the State of Florida having
jurisdiction.
Before submitting a dispute to Arbitration,. the parties shall first attempt to resolve the
dispute amicably. In the event that the parties hereto are unable to resolve the dispute amicably,
either party may give notice for a Mediation session before a Mediator appointed by mutual
agreement (hereinafter the "Mediator"). If the parties are unable to agree upon the selection
of a mediator, such mediation shall be held before the American Arbitration Association. The
Mediator shall make a recommendation to the parties in the form of a written mediated
settlement agreement. Each party to the dispute shall sign such agreement after receipt of
the same or immediately file a demand for Arbitration, in which event the parties shall proceed
to Arbitration in accordance with the previous paragraph.
All costs of the Arbitration, including Mediation and the legal action to confirm and
enforce the arbitrator's award, as the case may be, including the reasonable legal fees of both
parties shall be paid by the non-prevailing party, or, if neither party prevails on the whole, each
party shall be responsible for a portion of the costs of Arbitration and Mediation as may be
determined by the court on confirmation.
OFFSHORE EVENTS Powerboat Racing Agreement
9
Agenda Item No.10C
Datejj21/2010
Page
72
Attachment number 2
Page 10 of 13
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
23. Construction. Whenever the sense of this Agreement requires, words of the
singular number shall be construed to be plural and vice versa, and words of the masculine
gender shall be construed to be feminine and vice versa.
24. Original Documents. This Agreement shall be executed in any number of
counterparts, each of which shall be deemed an original, but all of which shall constitute one
instrument.
25. Amendment. This Agreement may be altered, amended or terminated only by a
writing signed by all of the Parties. All amendments or modifications of this Agreement shall be
binding upon the parties despite any lack of consideration so long as such amendment or
modifications are in writing and executed by the parties.
26. Merger of Agreements. This Agreement supersedes any and all prior agreements
or contracts, whether oral or in writing, if any, entered into between the parties as of the
date hereof, which agreements, if any, are merged herein.
27. Notice. Any notice required to be given hereunder shall be deemed duly
given if mailed in any United States post office, by registered or certified mail, return
receipt requested, or by messenger service or telecopy with acknowledgment of receipt.
Such notice shall be effective on the date appearing on the return receipt. Notices shall be
sent to the following addresses or to such other addresses as any party listed may designate in
writing to all other parties:
To Offshore Events:
Brad Schoenwald
6955 W Broward Blvd
Plantation, FL 33317
To City :
City Manager and City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Fourth Floor
Sunny Isles Beach, FL 33160
OFFSHORE EVENTS Powerboat Racing Agreement
10
Agenda Item No.] OC
Date?l.3'2 1/20 10
Page
73
Attachment number 2
Page II of 13
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
28. Waiver. The waiver of a breach of any provision of this Agreement by either
party shall not operate or be construed as a waiver of any subsequent breach by said party, unless
otherwise expressly provided in this Agreement.
29. Severability. The terms of the Agreement are independent of and severable from
each other, and neither this Agreement nor any provision shall be affected or rendered
invalid or unenforceable by virtue of the fact that any other or others of them may
be invalid or unenforceable, in whole or in part for any reason. The section and paragraph
headings are for convenience only and shall not affect the meaning or interpretation of this
Agreement
30. Assignability. This Agreement shall not be assigned in whole or in part except by
written agreement of the parties. The terms of this Agreement shall be binding and inure to the
benefit of the parties hereto and their respective permitted successors and assigns. Nothing herein
expressed or implied is intended to confer on any person other than the parties hereto any rights,
remedies, obligations or liabilities under or by reason of this Agreement.
31. Events of Default, Termination of Agreement and Remedies.
(a) The following shall constitute events of default:
(1) Any material misrepresentations, written or oral, made by Offshore Events
and/or its representatives;
(2) Failure by Offshore Events to timely perform and/or observe any of the
terms and conditions of this Agreement;
(3) Insolvency or bankruptcy on the part of Offshore Events.
(b) The occurrence of any event of default to the City may, at the sole option of the
City, work as an immediate and automatic forfeiture of any rights conferred under this
Agreement.
(c) In the event that Offshore Events default, the City shall have all legal remedies
available to it, including but not limited to termination of this Agreement upon ten (10) days
written notice to Offshore Events. In the event of such termination, the City shall be entitled to
refund of all deposits paid to Offshore Events.
32. Cancellation: In the event the Race, scheduled for Thursday June 10, 2010,
through Sunday June 13,2010, is cancelled due to an act of God, inclement weather (e.g. flash
OFFSHORE EVENTS Powerboat Racing Agreement
11
Agenda Item No.] DC
Date74'2112DID
Page
74
..
Attachment number 2
Page 12 of 13
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
floods, excessive winds, lightning, hurricane, fire, etc.) or by the occurrence of any other event
beyond the reasonable control of the parties hereto, all parties shall be excused from any further
performance of the obligations and undertakings set forth under the terms of this Agreement.
In the event of such cancellation, the City shall be offered a 100% credit by Offshore
Events for all fees and/or costs paid by the City to OFFSHORE EVENTS, provided the Race is
rescheduled to occur in the City within 6 (six) months of the originally schedule Race dates.
However, in the event Offshore Events does not reschedule the Race in the City within 6 (six)
months of the originally schedule Race dates, City shall be entitled to a 100% refund of all fees
and/or costs paid to Offshore Events.
33. Uncontrollable Circumstances ("Force Majeure"): The City and Offshore
Events will be excused from the performance of their respective obligations under this
agreement when and to the extent that their performance is delayed or prevented by any
circumstances beyond their reasonable control including but not limited to fire, flood,
explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil
commotion, malicious damage, act or omission of any governmental authority, delay or
failure or shortage of any type of transportation, equipment, or service from a public utility
needed for their performance, provided that:
(
(a) the non-performing party gives the other party prompt written notice
describing the particulars of the Force Majeure including, but not limited to, the nature of
the occurrence and its expected duration and continues to furnish timely reports therero during
the period of the Force Majeure;
(b) the excise of performance is of no greater scope and of no longer duration than is
reasonably required by Force Majeure;
(c) no obligations of either party that arose before the Force Majeure causing the
excuse of performance are expected as a result of the Force Majeure; and
(d) the non-performing party uses its best efforts to remedy its inability to perform.
34. Miscellaneous.
(a) The City shall not enter into a similar contract or agreement with any other racing
organization for this Race event unless agreed to in writing by Offshore Events.
(b) Each of the signatories by signing below certifies and warrants that they are
empowered to act and execute this Agreement on behalf of the respective parties.
( c) It is expressly understood and agreed that this Agreement is for the duration of
this Race event only and that Offshore Events has no right or privilege other than that
expressly provided herein.
OFFSHORE EVENTS Powerboat Racing Agreement
12
Agenda Item No.lOC
Datej121 /20 1 0
Page
75
Attachment number 2
Page 13 of 13
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
WITNESSES:
OFFSHORE EVENTS, LLC.
BY:
Signature of Corporate Officer
ATTEST
CITY OF SUNNY ISLES BEACH
Jane Hines, CMC, City Clerk
BY:
Norman S. Edelcup, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Hans Ottinot, City Attorney
OFFSHORE EVENTS Powerboat Racing Agreement
13
Agenda Item No. ] oc
Date'M2 1/20 1 0
Page
76
......
Attachment number 3
Page 1 of2
Offshore Events to Bring OPA racing and the Bimini Ocean Race back to the City Of
Sunny Isles Beach
Offshore Events, LLC. Will promote and oversee the entire race event. OPA Racing, LLC.
is the sanctioning body and will provide the racers, event staff and referee.
Location: Wet and dry pits located in Miami Dade Haul Over park. Race will take place
beyond the base line in the Atlantic Ocean offshore of The City of Sunny Isles Beach
Duration of (4) four days. Thursday, Friday, Saturday and Sunday.
June 10 - 13, 2010.
$275,000 Functional budget. This amount provides the basic organization requirements for
the event.
The event will attract participants, fans and media from around the world. The race will be
one of approximately eight races sanctioned by OPA around the country. The long term
goals and accomplishments of this event are to establish a long term reoccurring annual
event.
Marketing: social media marketing began September 2009. [offshoreevents.net], OE
(offshore events) online magazine, Big Brothers, Big Sisters of Greater Miami, facebook,
twitter, offshoreonly.com, seriousoffshore.com, youtube.com, racer's program, radio
broadcast, internet broadcast, local TV media and an after event survey evaluation.
Solicitation of sponsorship shall provide additional in-kind and funding support.
This shall be our 3rd Annual Offshore Events Race in the City of Sunny Isles Beach. The
event organizers are: Brad Schoenwald, Larry Goldman and Alon Steiger. The sanctioning
body for 2010 shall be OPA Racing, LLC. They shall work with Offshore Events, LLC. and
provide their own staff and referee for the weekend events. An estimated number of (40)
teams shall participate Sunday, June 13, 2010. Significant changes in the world of offshore
racing place the Sunny Isles beach event in perfect position to capture significant gains in
becoming a premier event for years to come.
We have proven from year one and two we possess the knowledge skills and abilities to
bring a functional race event to the city and receive significant national and international
exposure and recognition.
Overview
Thursday, June 10 - Racer Village Opens (Haulover Park). Set-up of Tents, Port-a-potties,
Registration area, Trash receptacles, Arrival of Cranes, Racers begin to arrive.
Friday, June 11 - Racers continue to arrive, Registration, Welcome BBQ for Racers in
Race Village, Boat Parade down A 1 A and Racers Autograph Signing.
Saturday, June 12 - Bimini & Back Race (open to public - morning), Professional Offshore
Race Testing (will immediately follow the Bimini and Back race), Big Brothers, Big Sisters
Offshore Gala (Dinner along with a Live & Silent Auction - location TBD). All proceeds from
the Gala event shall benefit "Big Brothers, Big Sisters of Greater Miami".
Sunday, June 13 - 3rd Annual City of Sunny Isles Beach Offshore Challenge - Final Race,
Awards Ceremony, End of event. Breakdown of Race Village.
Agenda Item No.1 DC
Date#21/2DIO
Page
77
~,
Attachment number 3
Page 2 of2
Summary:
Our third year will bring a stronger base and more unified organization structure. We have
solicited and employed the services of volunteers who are qualified and skilled in event
organization, grant wiring, and promotion. The degree to which we are now involved with
AMF Racing better known as the "Miss Geico Race Team" will bring a world of exposure not
previously felt at our events.
In order to remove some of our previous difficulties we have already signed a contract with
OPA and have direct support from AMF Racing
The Sunny Isles Beach Offshore Challenge is now recognized and referred to as a premier
if not the premier Boat Racing Event in the country. We have every reason to believe the
2011 race will bring a full contingent of racers from P1 in Europe and possibly the first true
world championship race in 2011. This 2010 race will prove to be the game changer event
for powerboat racing and reestablish the greater Miami area as the king of offshore with the
City of Sunny Isle Beach being the focal point.
The City of Sunny Isles Beach is expected to provide a minimum of $40,000.00 cash
sponsorship and In Kind support, collaboration with Offshore Events, LLC, Miami-Dade
County, other municipalities.
Offshore Events would expect the city to provide as much marketing, media coverage as
possible as well as support Offshore Events in enthusiastic "esprit de corps" to accomplish
our common goals.
Agenda Item No.IOC
Date71g'21/20 I 0
Page
78
-
Preview
Page 1 of 1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
~/n~~ORa~DUM
TO:
The Honorable Mayor and City Commission
FROM:
Susan Simpson, Cultural and Human Services Department
DATE:
1/21/2010
RE:
Resolution to approve the Offshore Powerboat Race Agreement
RECOMMENDATION:
It is recommended that the City Commission consider the attached agreement to produce
an offshore powerboat race with Offshore Events, LLC in an amount not to exceed Forty
Thousand Dollars ($40,000.00).
REASONS:
It is the desire of the City to include a nationally sanctioned powerboat race in
conjunction with the City's annual anniversary celebration on Sunday, June 13, 2010.
Offshore Events, LLC is a local race producing company that will plan and produce the
entire Sunny Isles Beach Offshore Challenge Weekend between June 10 and June 13,
2010. Offshore Events, LLC has contracted with OPA Powerboat Racing to insure a
nationally sanctioned race on Sunday, 6/13/10.
ADDITIONAL INFORMATION:
In addition to the financial commitment, the City will also assist with in-kind advertising
and marketing of the event, providing in-kind Public Works support and, for events
within the city, Police Department support. The Cultural and Human Services
Department will assist with logistics of the event as needed as well as the liaison between
Offshore Events, LLC and the City.
FUNDING SOURCE:
This amount is in the approved budget account number 10.572.5574, Special Events.
ATTACHMENTS:
. Resolution
http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=161&MeetingID=0&MeetingDate...l/14/20 1 0